Prepare a customized HVAC service agreement that provides security for property owners and HVAC technicians for maintenance, service, and repair jobs.
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Table of Contents:An HVAC contract is a legal document that creates a binding agreement between real estate owners and HVAC technicians to install or maintain the heating and cooling systems in a residential or commercial building.
An HVAC contract can also be referred to as a:
These agreements require a technician to provide HVAC maintenance service, repairs, or HVAC installation jobs in the owner’s building or venue.
They also set a reasonable expectation on the service fees provided to the technician and what work the contractor must perform, amongst other considerations.
The acronym HVAC stands for Heating, Ventilation, and Air Conditioning.
An HVAC system, however, is an integrated climate control system that can be used to manage heating and refrigeration systems within residential and commercial buildings.
These integrated units are highly technical and can only be maintained by trained operatives.
Therefore, an HVAC service contract can prove essential to retaining the services of an expert technician so these systems are installed properly and remain in the best working condition.
An HVAC technician manages the installation, maintenance, and repair of an HVAC system in a building.
They are the ones responsible for tasks such as:
As this is a highly specialized role, having a trained technician under contract can save time and money for building owners and make sure maintenance is upheld.
Not all HVAC contracts are the same. Depending on the work needed by the owner of a building, they can be adjusted and customized to conform to specific conditions and jobs.
In most cases, businesses and individuals will prepare and use 2 specific types of HVAC contracts.
Residential and commercial HVAC maintenance agreements are designed as long-term contracts to ensure the correct functioning and upkeep of an HVAC system in a building.
Under these contracts, technicians will regularly inspect, repair, and replace parts as necessary on an ongoing basis.
When a new HVAC system needs to be installed, a shorter-term installation contract can be used to cover the work required.
This can also include provisions of a maintenance contract too if required if the service and upkeep aren’t tendered out to another provider later.
A bespoke HVAC contract can be easily made online or by paying a lawyer to draft it for you.
However, no matter how you create yours, the final contract should include information on the:
These details are essential to make sure an HVAC agreement does what it’s intended to do and provides the provisions for each party.
If you want to get some extra help in preparing this agreement, remember our contract maker can provide the instructions and guidance you need to get all the right details on paper.
It’s a good idea to look at an optimized and completed sample HVAC contract before starting your own.
Use our example below to get a feel for the points to cover and details to include in your own customized agreement.
An HVAC contract is one of only legal documents that you’ll need to receive or provide HVAC services.
However, our expert legal document making tools can help you put together documents such as the following in no time at all
You might be interested in other services as well. If so, use a service contract to formalize the service.
A service contract is designed to protect both the person providing and receiving the service.
It adds security if the contact is terminated or terms aren’t respected.
Other types of service contracts that LawDistrict makes easy to create:
An HVAC contract needs to be prepared carefully so no important provisions or services are missing when it is signed. To find out more about how these agreements work and must be prepared, check our FAQs below.
An HVAC service contract is a good fallback to have to prevent costly emergency repairs. HVAC problems can be hugely expensive and time-consuming to fix, especially if you need a technician urgently.
However, by having a technician under contract you’ll be able to ensure an HVAC system remains maintained and in good working order. This way, there are also no surprise labor costs or timeframes as all these details are decided upfront.
An HVAC service agreement generally covers the labor costs of maintaining or installing parts in a refrigeration and heating system.
They, however, usually do not include the costs of individual parts. Technicians can sometimes offer a discount on components as part of the signed agreement.
HVAC service can include many different facets to the repair and maintenance of HVAC systems.
However, HVAC contracts will often cover services such as:
An HVAC service contract will vary in price to prepare depending on where and how you write it. It can be created online for just a minimum cost. Alternatively, this task can be completed by a lawyer, which typically runs up higher expenses.
You are only a few steps away from your own HVAC Service Agreement !
This Service Agreement (hereinafter, the "Agreement"), is dated as of _________ (hereinafter, the "Effective Date"), and is entered into by and between the following parties:
_________ of _________, _________ and _________ (hereinafter, the "Client"),
_________ of _________, _________ and _________ (hereinafter, the "Contractor").
1. SERVICESDuring the term of the Agreement, _________ shall perform the following services for _________ (hereinafter, the "Services"):
•
2. PAYMENT AMOUNT AND METHOD
During the Term of the Agreement, the Client agrees to pay the Contractor as follows:
_________ agrees to pay, in addition to the principal and interest due hereon, all reasonable attorney fees, plus all other costs and expenses of collection and enforcement.
In addition to any other right or remedy provided by law, the failure of _________ to pay for the Services when due shall be considered a material breach of this contract, and _________ may terminate this Agreement and/or seek legal remedies.
3. TERM
This Agreement will commence on the Effective Date and shall continue until completion of the Services by the Contractor, unless earlier terminated as provided herein, or unless extended by mutual agreement expressed in writing signed by both parties prior to the completion of the Services by the Contractor.
4. OWNERSHIP OF WORK
The Contractor acknowledges and agrees that all intellectual property and related material, including but not limited to any copyrightable works, ideas, discoveries, inventions, patents, products or other information (hereinafter, the "Work Product"), performed under this Agreement shall be considered "Work Made for Hire" as defined in the U.S. Copyright laws and, therefore, shall be owned by and be for the express benefit of the Client.
If requested by the Client, the Contractor will provide and execute all necessary documentation to confirm or perfect the ownership of the Client to the Work Product.
5. INDEPENDENT CONTRACTOR
The Contractor certifies that, in providing the Services under this Agreement, he is acting as an independent contractor and not as an employee or an agent. Nothing contained in this Agreement shall be deemed to constitute an employment, agency, joint venture or partnership relationship between the parties.
6. NON-EXCLUSIVE CLAUSE
The Parties hereby acknowledge that this Agreement is non-exclusive, and nothing herein shall prevent either Party from entering into similar or same agreements with third parties.
7. EVENTS OF DEFAULT
The occurrence of any of the following events shall constitute and is hereinafter referred to as an "Event of Default":
a. If either party fails to make a required payment when due.
b. If either party becomes unable to perform its duties and fails to make available or deliver the Services in the time and manner provided for in this Contract.
c. If either party becomes or is declared insolvent or bankrupt.
d. If either party's property becomes subject to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
8. REMEDIES
In the event that either party (hereinafter, the "Defaulting Party") fails to perform any of its material obligations under this contract, or if any one of the hereinabove described Events of Default occurs which causes damage to the other Party (hereinafter, the "Non-defaulting Party"), it shall be considered a material breach of this Agreement.
In such an event, the Non-defaulting Party may notify the Defaulting Party in writing and request it to rectify and correct such breach of contract within _________ working day(s) from the effective date of such notice. If the Defaulting Party fails to cure the default(s) within such period of time, this agreement will be automatically terminated.
The defaulting Party shall be liable for any such breach pursuant to the applicable laws.
9. FORCE MAJEURE
Neither party shall in no event be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for any delay or failure in fulfilling or performing any obligation under this agreement when such delay or failure is resulting from circumstances beyond its reasonable control (hereinafter, "Force Majeure causes").
The term Force Majeure shall include, without limitation, acts of God, acts of civil or military authorities, insurrections, vandalism, riots, wars, lock-outs, embargoes, acts of nature, fire, natural disasters, epidemics, work stoppages or other labor disputes, or supplier failures.
A Party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such event:
(a) provide written notice to the other Party of the nature and extent of any such Force Majeure cause; and
(b) use reasonable efforts to remove any such causes and resume performance under this Agreement, as soon as reasonably practicable.
10. DISPUTE RESOLUTION
In the event a claim, dispute or controversy arises out of or in connection with this Agreement, the parties agree to attempt to resolve the claim, dispute or controversy by conducting good faith negotiations.
If the parties are unable to settle the matter between themselves within 30 days, the dispute shall thereafter be resolved by binding arbitration under the then current Commercial Arbitration Rules of the American Arbitration Association.
11. ENTIRE AGREEMENT
This document constitutes the entire agreement and understanding between the parties, and supersedes all prior agreements and understandings, whether oral or written, with respect to the subject matter of this Agreement.
12. SEVERABILITY
This Agreement will be enforced to the fullest extent permitted by applicable law.
If for any reason any term or provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will not affect any other term or provision of this Agreement. However, the parties shall cease performing such invalid or unenforceable provisions and negotiate in good faith to replace such invalid or unenforceable provisions with a valid, legal, and enforceable provision consistent with the original intent.
13. AMENDMENTS
This Agreement may be amended or modified as needed. However, any modification, variation or amendment of this Agreement shall only be valid if made in writing form and duly signed by the parties obligated under the amendment.
14. GOVERNING LAW
This Agreement shall be governed, construed and interpreted in accordance with the Laws of the State of .
15. NOTICES
Any and all notices, requests, demands or other communications to be given under this Agreement must be (i) given in writing and (ii) personally delivered or mailed by certified or registered mail, return receipt requested, or transmitted by electronic mail transmission to the party to whom such notice or communication is directed, to the mailing address or electronic mail address of such party as set forth in the opening paragraph of this Agreement, or to such other address or email address as any party may from time to time notify the other.
16. WAIVER
The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.
17. ATTORNEY'S FEES
In the event that any action is instituted to enforce or interpret the validity of this Agreement or any of its provisions, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other available remedies.
18. ASSIGNMENT
This Agreement and all rights and obligations hereunder may not be assigned by either party without prior written consent of the other party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
